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  •  This already exists. In NM to bring a claim you (0+ / 0-)

    first bring the case before a medical–legal board. If they agree it is a meritorious case (without deciding in any way the claim) they will assist in finding a physician expert to give testimony and help the case go forward.

    There are few if any frivolous cases that go forward any way. It costs a huge amount to sucessfully prosecute any case of malpractice. Since those costs rest on the attorney, they have a keen interest in not taking any cases where there is not a very good chance of prevailing. (Or at least, they don't do it twice.) Often outrageous cases don't get brought because it is not worth the work or expense.

    Losing a case does not mean it was not a good/ legitimate claim. It could be due to a number of things. One beautiful young woman's case where she was confined to a wheelchair for life, was "lost" when the jury found: 1, yes there was malpractice and 2, the damages were $1.  When some jury members were asked about it they said that it was definitely was horrible malpractice but her family was wealthy and could take care of her.  Frivolous case?

    All malpractice claims should be referred to the Medical licensing authority and be followed. Any pattern should be monitored and action should be taken before 7, 8 or even more claims are logged.

    We are in a time where it is risky NOT to change. Barack Obama 7-30-08

    by samddobermann on Thu Nov 13, 2008 at 03:16:57 PM PST

    [ Parent ]

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